0001| HOUSE BILL 270 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JAMES ROGER MADALENA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO GAMING; ENACTING THE TRIBAL GOVERNMENTAL GAMING | 0012| COMPACT ACT; ENACTING A TRIBAL-STATE GAMING COMPACT; ENACTING A | 0013| REVENUE SHARING AGREEMENT FOR TRIBAL GOVERNMENTAL GAMING; | 0014| DECLARING AN EMERGENCY. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 | 0018| through 9 of this act may be cited as the "Tribal Governmental | 0019| Gaming Compact Act". | 0020| Section 2. [NEW MATERIAL] FINDINGS.--The legislature | 0021| finds that: | 0022| A. it is the policy of the state that gaming is an | 0023| appropriate means for raising revenues for governmental and | 0024| charitable purposes; | 0025| B. the governor of New Mexico and the chief | 0001| executive officials of the tribal governments of the pueblos of | 0002| Acoma, Isleta, Nambe, Pojoaque, San Felipe, San Ildefonso, San | 0003| Juan, Santa Ana, Santa Clara, Taos, and Tesuque, the Jicarilla | 0004| Apache tribe and the Mescalero Apache tribe negotiated compacts | 0005| concerning class III gaming and an agreement concerning the | 0006| sharing of revenue with the state from class III gaming | 0007| conducted by these tribal governments; | 0008| C. Indian gaming in New Mexico has become an | 0009| important source of revenues for Indian tribal governments, | 0010| enabling them to provide services, infrastructure, jobs, and | 0011| economic development for their members and other New Mexicans; | 0012| D. the definition of Class III gaming in the Tribal | 0013| Governmental Gaming Compact Act is intended to allow for the | 0014| operation of tribal casinos and to restore charitable casino | 0015| nights as a lawful means for tax exempt organizations to raise | 0016| funds; and | 0017| E. due to legal questions as to the validity of the | 0018| compacts previously executed with Indian tribes concerning | 0019| class III gaming, because of the need for certain changes and | 0020| additional provisions to assure that tribal gaming enterprises | 0021| are regulated primarily by tribes with a reasonable degree of | 0022| state as well as federal oversight and to provide a firm legal | 0023| foundation for Indian gaming in New Mexico, it is necessary and | 0024| appropriate that the legislature authorize the governor of the | 0025| state to execute new compacts for tribal governmental class III | 0001| gaming. | 0002| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the | 0003| Tribal Governmental Gaming Compact Act: | 0004| A. "IGRA" means the Indian Gaming Regulatory Act, | 0005| 25 USCA Sections 2701, et seq., including the regulations | 0006| issued pursuant to that act; | 0007| B. "tribe" means an Indian nation, tribe or pueblo | 0008| recognized by the federal government and located in whole or in | 0009| part within the exterior boundaries of the state; | 0010| C. "class III gaming" means: | 0011| (1) all forms of class III gaming as that term | 0012| is defined in IGRA; and | 0013| (2) any or all forms of casino style gaming | 0014| permitted by federal law and the state of Nevada, including | 0015| slot machines and all other forms of gaming machines; all forms | 0016| of poker, blackjack, and other casino style card games, both | 0017| banked and non-banked; craps; roulette; keno; pai gow; wheel of | 0018| fortune; faro; monte; all progressive and bonus forms of the | 0019| foregoing; pari-mutuel gaming; and lotteries; and | 0020| D. "gross gaming receipts" means the total amount | 0021| of money received by a tribal gaming enterprise from class III | 0022| gaming activities, less amounts paid out to winners, and less | 0023| the actual cost of tribal regulatory activities (up to a total | 0024| of two hundred fifty thousand dollars ($250,000) in such costs | 0025| annually) and minus federal and state regulatory fees and | 0001| expenses, and taxes, if any. | 0002| Section 4. [NEW MATERIAL] COMPACT ENACTMENT.-- | 0003| A. The governor of the state is authorized and | 0004| directed to execute on behalf of the state a tribal-state | 0005| gaming compact concerning class III gaming with the following | 0006| tribal governments: the pueblos of Acoma, Isleta, Nambe, | 0007| Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia, Santa | 0008| Ana, Santa Clara, Taos, and Tesuque, the Jicarilla Apache tribe | 0009| and the Mescalero Apache tribe in the form set forth in Section | 0010| 5 of the Tribal Governmental Gaming Compact Act. | 0011| B. The governor of the state is authorized and | 0012| directed, upon the written request of any other tribe within | 0013| the state, to execute on behalf of the state a tribal-state | 0014| class III gaming compact with the tribe in the form set forth | 0015| in Section 5 of the Tribal Governmental Gaming Compact Act. | 0016| C. Any compact executed by the governor pursuant to | 0017| Subsections A or B of this section, once approved by the | 0018| secretary of the interior, shall constitute a binding | 0019| obligation of the state. | 0020| Section 5. [NEW MATERIAL] COMPACT FORM.--Gaming | 0021| compacts executed by the governor of the state shall have the | 0022| following form: | 0023| "TRIBAL-STATE GAMING COMPACT | 0024| THIS COMPACT is made and entered into this _____ day of | 0025| ________, ____, by and between the _________________ | 0001| (hereinafter referred to as "Tribe") and the STATE OF NEW | 0002| MEXICO (hereinafter referred to as "State"). | 0003| RECITALS | 0004| WHEREAS, the State is a sovereign State of the United | 0005| States of America, having been admitted to the Union pursuant | 0006| to the Act of June 20, 1910, 36 Statutes at Large 557, Chapter | 0007| 310, and is authorized to enter into contracts and agreements, | 0008| including this Compact, with the Tribe; and | 0009| WHEREAS, the Tribe is a sovereign federally recognized | 0010| Indian tribe and its governing body has authorized the | 0011| officials of the Tribe to enter into contracts and agreements | 0012| of every description, including this Compact, with the State; | 0013| and | 0014| WHEREAS, the Congress of the United States has enacted the | 0015| Indian Gaming Regulatory Act of 1988, 25 U.S.C.  2701-2721 | 0016| (hereinafter "IGRA"), which permits Indian tribes to conduct | 0017| Class III Gaming on Indian Lands pursuant to a tribal-state | 0018| compact entered into for that purpose; and | 0019| WHEREAS, the Tribe owns or controls Indian Lands and by | 0020| Ordinance has adopted rules and regulations governing Class III | 0021| games played and related activities at any Gaming Facility; and | 0022| WHEREAS, by enactment of an amendment to Section 30-19-6 | 0023| NMSA 1978 in Section 10 of the act in which the Tribal | 0024| Governmental Gaming Compact Act is enacted, the State will | 0025| permit charitable organizations to conduct any or all forms of | 0001| casino-style gaming; and | 0002| WHEREAS, the State permits pari-mutuel wagering pursuant | 0003| to the Horse Racing Act; and | 0004| WHEREAS, the State authorized the establishment and | 0005| operation of a state-wide lottery in the New Mexico Lottery Act | 0006| for the purpose of raising governmental revenue; and | 0007| WHEREAS, such forms of Class III Gaming are, therefore, | 0008| permitted in the State within the meaning of the IGRA; and | 0009| WHEREAS, a Compact between the Tribe and the State for | 0010| the conduct of Class III Gaming on Indian Lands will satisfy | 0011| the State's obligation to comply with federal law and fulfill | 0012| the IGRA requirement for the lawful operation of Class III | 0013| Gaming on the Indian Lands in New Mexico; and | 0014| WHEREAS, the State and the Tribe, in recognition of the | 0015| sovereign rights of each party and in a spirit of cooperation | 0016| to promote the best interests of the citizens of the State and | 0017| the members of the Tribe, have engaged in negotiations and have | 0018| agreed to this Compact. | 0019| NOW, THEREFORE, the State and the Tribe agree as follows: | 0020| TERMS AND CONDITIONS | 0021| SECTION 1. Purpose and Objectives. | 0022| The purpose and objectives of the State and the Tribe in | 0023| making this Compact are as follows: | 0024| A. to evidence the good will and cooperative spirit | 0025| between the State and the Tribe; | 0001| B. to continue the development of an effective | 0002| government-to-government relationship between the State and the | 0003| Tribe; | 0004| C. to provide for the regulation of Class III Gaming on | 0005| Indian Lands as required by the IGRA; | 0006| D. to fulfill the purpose and intent of the IGRA by | 0007| providing for tribal gaming as a means of generating tribal | 0008| revenues, thereby promoting tribal economic development, tribal | 0009| self-sufficiency, and strong tribal government; | 0010| E. to provide revenues to fund tribal government | 0011| operations or programs, to provide for the general welfare of | 0012| the tribal members and for other purposes allowed under the | 0013| IGRA; | 0014| F. to provide for the effective regulation of Class III | 0015| Gaming in which the Tribe shall have the sole proprietary | 0016| interest and be the primary beneficiary; and | 0017| G. to address the State's interest in the establishment, | 0018| by the Tribe, of rules and procedures for ensuring that Class | 0019| III Gaming is conducted fairly and honestly by the owners, | 0020| operators, employees and patrons of any Class III Gaming | 0021| enterprise on Indian Lands. | 0022| SECTION 2. Definitions. | 0023| For purposes of this Compact, the following definitions | 0024| pertain: | 0025| A. "Indian Lands" means: | 0001| 1. all lands within the exterior boundaries of the | 0002| Tribe's reservation and its confirmed grants from prior | 0003| sovereigns; and | 0004| 2. any other lands title to which is either held in | 0005| trust by the United States for the exclusive benefit of the | 0006| Tribe or a member thereof or is held by the Tribe or a member | 0007| thereof subject to restrictions against alienation imposed by | 0008| the United States, and over which the Tribe exercises | 0009| jurisdiction and governmental authority. | 0010| B. "Tribal Gaming Agency" means the tribal governmental | 0011| agency which will be identified to the State Gaming | 0012| Representative as the agency responsible for regulatory | 0013| actions of the Tribe set out in the Compact. | 0014| C. "State Gaming Representative" means that person | 0015| designated by the Legislature in Section 9 of the Tribal | 0016| Governmental Gaming Compact Act. The State Gaming | 0017| Representative will be responsible for regulatory actions of | 0018| the State set out in the Compact. | 0019| D. "Compact" means this compact between the State and | 0020| the Tribe. | 0021| E. "Gaming Facility" means the buildings or structures | 0022| in which Class III Gaming is conducted on Indian Lands. | 0023| F. "Gaming Operation" means each economic entity that is | 0024| licensed by a tribe, operates the games, receives the | 0025| revenues, issues the prizes, and pays the expenses. | 0001| G. "Management Contract" means a contract within the | 0002| meaning of 25 USCA Sections 2710(d)(9) and 2711. | 0003| H. "Management Contractor" means any person or entity | 0004| that has entered into a Management Contract with the Tribe. | 0005| I. "Ordinance" means the gaming ordinance and any | 0006| amendments thereto adopted by the Tribal Council of the Tribe. | 0007| J. "Tribe" means ___________________. | 0008| K. "State" means the State of New Mexico. | 0009| SECTION 3. Authorized Class III Gaming. | 0010| A. The Tribe may conduct, only on Indian Lands, subject | 0011| to all of the terms and conditions of this Compact, any or all | 0012| forms of class III gaming as that term is defined in IGRA. | 0013| The term means any or all forms of casino style gaming | 0014| permitted by federal law and the state of Nevada, including | 0015| but not limited to slot machines and all other forms of gaming | 0016| machines; all forms of poker, blackjack, and other casino | 0017| style card games, both banked and non-banked; craps; roulette; | 0018| keno; pai gow; wheel of fortune; faro; monte; all progressive | 0019| and bonus forms of the foregoing; pari-mutuel gaming; and | 0020| lotteries. | 0021| B. Subject to the foregoing, the Tribe shall establish, | 0022| in its discretion, by tribal law, such limitations as it deems | 0023| appropriate on the number and type of Class III Gaming | 0024| conducted, the locations of Class III Gaming on Indian Lands, | 0025| the hours and days of operation, and betting and pot limits, | 0001| applicable to such gaming. | 0002| SECTION 4. Regulation of Class III Gaming. | 0003| A. Tribal Gaming Agency. The Tribal Gaming Agency will | 0004| assure that the Tribe: | 0005| 1. operates all Class III Gaming pursuant to this | 0006| Compact, tribal law, IGRA, and other applicable | 0007| Federal law; | 0008| 2. provides for the physical safety of patrons in | 0009| any Gaming Facility; | 0010| 3. provides for the physical safety of personnel | 0011| employed by the gaming enterprise; | 0012| 4. provides for the physical safeguarding of | 0013| assets transported to and from the Gaming Facility | 0014| and cashier's cage department; | 0015| 5. provides for the protection of the property of | 0016| the patrons and the gaming enterprise from illegal | 0017| activity; | 0018| 6. participates in licensing of primary management | 0019| officials and key employees of a Class III Gaming | 0020| enterprise; | 0021| 7. detains persons who may be involved in illegal | 0022| acts for the purpose of notifying law enforcement | 0023| authorities; | 0024| 8. records and investigates any and all unusual | 0025| occurrences related to Class III Gaming within the | 0001| Gaming Facility; and | 0002| 9. provides true copies of all tribal laws and | 0003| regulations affecting Class III Gaming conducted | 0004| under the provisions of this Compact to the State | 0005| Gaming Representative within thirty (30) days after | 0006| the effective date of this Compact, and will | 0007| provide true copies of any amendments thereto or | 0008| additional laws or regulations affecting gaming | 0009| within thirty (30) days after their enactment (or | 0010| approval, if any). | 0011| B. Tribal Laws. Without affecting the generality of the | 0012| foregoing, the Tribe shall adopt laws: | 0013| 1. prohibiting participation as a patron in any | 0014| Class III gaming by any person under the age at | 0015| which a person may place a wager on a game of the | 0016| New Mexico State Lottery. Any Tribe, at its sole | 0017| option, may elect to set an age minimum that is | 0018| higher than that set by the New Mexico Lottery Act; | 0019| 2. prohibiting a key employee or primary | 0020| management official to be employed who is under the | 0021| age of eighteen (18) or who has not been licensed | 0022| in accordance with Section 5, hereinafter; | 0023| 3. governing any Management Contract regarding its | 0024| Class III Gaming Activity such that they conform to | 0025| the requirements of tribal law and IGRA; | 0001| 4. prohibiting a gaming enterprise from cashing | 0002| any paycheck or any type of government assistance | 0003| check, including Social Security, Aid For Dependent | 0004| Children, and other such checks for any patron; | 0005| 5. requiring that each gaming machine in use at | 0006| the tribal gaming facility must meet all technical | 0007| standards imposed on such devices by the laws and | 0008| regulations in force in the State of Nevada, | 0009| including the standards applicable to minimum | 0010| payout percentages; | 0011| 6. requiring that within twelve months from the | 0012| date on which this Compact takes effect, all gaming | 0013| machines in use at the gaming facility be connected | 0014| to a central computerized reporting and auditing | 0015| system on the gaming facility premises, which shall | 0016| collect on a continual basis the financial | 0017| accounting and statistical performance data of each | 0018| gaming machine in use at the gaming facility, and | 0019| that such financial accounting and statistical | 0020| performance data shall be available to the state | 0021| gaming representative upon request; and | 0022| 7. requiring the gaming enterprise to spend an | 0023| amount that is no less than one-quarter of one | 0024| percent of its gross gaming receipts annually to | 0025| fund or support programs for the treatment and | 0001| assistance of compulsive gamblers; the Tribe, at | 0002| its sole option, shall contribute either to an | 0003| established program operated by the State or an | 0004| established program in the Tribe's local community | 0005| which treats compulsive gamblers. | 0006| C. Audit and Financial Statements. The Tribal Gaming | 0007| Agency shall require that all books and records relating to | 0008| Class III Gaming be maintained in accordance with generally | 0009| accepted accounting principles. All such books and records | 0010| shall be retained for a period of at least six (6) years from | 0011| the date of creation. Not less than annually, the Tribal | 0012| Gaming Agency shall require an audit and certified financial | 0013| statements covering all financial activities of the gaming | 0014| enterprise by an independent certified public accountant | 0015| licensed by the State. The financial statements shall be | 0016| prepared in accordance with generally accepted accounting | 0017| principles and shall be submitted to the Tribal Gaming Agency | 0018| within one hundred twenty (120) days of the close of the | 0019| Tribe's fiscal year. The Tribe shall maintain the following | 0020| records concerning tribal gaming for not less than six (6) | 0021| years: | 0022| 1. revenues, gross gaming receipts, expenses, | 0023| assets, liabilities and equity for each Gaming | 0024| Facility; | 0025| 2. daily cash transactions for each Class III | 0001| Gaming at each Gaming Facility, including but not | 0002| limited to transactions relating to each gaming | 0003| table bank, game drop box, and gaming room bank; | 0004| 3. all markers, IOU'S, returned checks, hold check | 0005| or other similar credit instruments; | 0006| 4. individual and statistical game records (except | 0007| card games) to reflect statistical drop and | 0008| statistical win; for electronic, computer, or other | 0009| technologically assisted games, analytic reports | 0010| which show the total amount of cash wagered and the | 0011| total amount of prizes won; | 0012| 5. contracts, correspondence, and other | 0013| transaction documents relating to all vendors and | 0014| contractors; | 0015| 6. records of all tribal gaming enforcement | 0016| activities; | 0017| 7. audits prepared by or on behalf of the Tribe; | 0018| and | 0019| 8. personnel information on all Class III Gaming | 0020| employees or agents, including rotation sheets, | 0021| hours worked, employee profiles, and background | 0022| checks. | 0023| D. Violations. The agents of the Tribal Gaming Agency | 0024| shall have unrestricted access to the Gaming Facility during | 0025| all hours of Class III Gaming activity, and shall have | 0001| immediate and unrestricted access to any and all areas of the | 0002| Gaming Facility for the purpose of ensuring compliance with the | 0003| provisions of this Compact and the Ordinance. The agents shall | 0004| report immediately to the Tribal Gaming Agency any suspected | 0005| violation of this Compact, the Ordinance, or regulations of the | 0006| Tribal Gaming Agency by the gaming enterprise, Management | 0007| Contractor, or any person, whether or not associated with Class | 0008| III Gaming. | 0009| E. State Gaming Representative. | 0010| 1. Upon written request by the State to the Tribe, | 0011| the Tribe will provide information on primary | 0012| management officials, key employees, and suppliers, | 0013| sufficient to allow the State to conduct its own | 0014| background investigations, as it may deem | 0015| necessary, so that it may make an independent | 0016| determination as to the suitability of such | 0017| individuals, consistent with the standards set | 0018| forth in Section 5, hereinafter. The Tribe shall | 0019| consider any information or recommendations | 0020| provided to it by the State as to any such person | 0021| or entity, but the Tribe shall have the final say | 0022| with respect to the hiring or licensing of any such | 0023| person or entity. | 0024| 2. Notwithstanding that the Tribe has the primary | 0025| responsibility to administer and enforce the | 0001| regulatory requirements, the State Gaming | 0002| Representative authorized in writing by the | 0003| Governor of the State or by legislation duly | 0004| enacted by the State Legislature shall have the | 0005| right to inspect all Gaming Facilities, Class III | 0006| Gaming activity, and all records relating to Class | 0007| III Gaming (including those set forth in Section 5, | 0008| hereinafter) of the Tribe, subject to the following | 0009| conditions: | 0010| (a) with respect to public areas of a Gaming | 0011| Facility, at any time without prior notice | 0012| during normal business hours; | 0013| (b) with respect to private areas of a Gaming | 0014| Facility not accessible to the public, at any | 0015| time during normal business hours, immediately | 0016| after notifying the Tribal Gaming Agency and | 0017| Gaming Operation of his or her presence on the | 0018| premises and presenting proper identification, | 0019| and requesting access to such non-public areas | 0020| of the gaming facility. The Tribe, at its | 0021| sole discretion, may require an employee of | 0022| the Gaming Operation and the Tribal Gaming | 0023| Agency to accompany the State Gaming | 0024| Representative at all times that the State | 0025| Gaming Representative is on the premises of a | 0001| Gaming Facility; (c) with | 0002| respect to | 0003| inspection | 0004| and copying | 0005| of all | 0006| management | 0007| records | 0008| relating to | 0009| Class III | 0010| Gaming, with | 0011| 48 hours | 0012| prior written | 0013| notice, not | 0014| including | 0015| weekends. | 0016| The | 0017| reasonable | 0018| costs of | 0019| copying will | 0020| be borne by | 0021| the State; | 0022| and | 0023| (d) whenever the State Gaming Representative, | 0024| or his designee, enters the premises of the | 0025| Gaming Facility for any such inspection, such | 0001| Representative or designee shall identify | 0002| himself to security and supervisory personnel | 0003| of the Gaming Facility. | 0004| 3. The Tribe considers the information provided to | 0005| the State pursuant to this Compact to be | 0006| proprietary and commercial property of the Tribe. | 0007| To the fullest extent allowed by State law, the | 0008| State agrees to maintain in confidence and never to | 0009| disclose to any third party any financial | 0010| information, proprietary ideas, plans, methods, | 0011| data, development inventions, or other proprietary | 0012| information regarding the gaming enterprise of the | 0013| Tribe, Class III Gaming conducted by the Tribe, or | 0014| the operation thereof, which is provided to the | 0015| State by the Tribe without the prior written | 0016| approval of a duly authorized representative of the | 0017| Tribe. These prohibitions shall not be construed | 0018| to prohibit: | 0019| (a) the furnishing of any information to a | 0020| law enforcement or regulatory agency of the | 0021| Federal Government; | 0022| (b) the State from making known the names of | 0023| persons, firms, or corporations conducting | 0024| Class III Gaming pursuant to the terms of this | 0025| Compact, locations at which such activities | 0001| are conducted, or the dates on which such | 0002| activities are conducted; | 0003| (c) publishing the terms of this Compact; | 0004| (d) disclosing information as necessary to | 0005| audit, investigate, prosecute, or arbitrate | 0006| violations of this Compact or other applicable | 0007| laws or to defend suits against the State; and | 0008| (e) complying with subpoenas or court orders | 0009| issued by courts of competent jurisdiction. | 0010| 4. To the fullest extent allowed by State law, the | 0011| Tribe shall have the right to inspect and copy | 0012| State records concerning all Class III Gaming | 0013| conducted by the Tribe with the Tribe bearing the | 0014| reasonable cost of copying. | 0015| 5. The Tribe shall reimburse the State for the | 0016| actual costs the State incurs in carrying out any | 0017| functions authorized by the terms of this Compact, | 0018| in an amount not to exceed twenty-five thousand | 0019| dollars ($25,000.00) per year. All calculations of | 0020| amounts due shall be based upon a fiscal year | 0021| beginning October 1, and ending September 30, | 0022| unless the parties select a different fiscal year. | 0023| Payments due the State shall be made no later than | 0024| sixty (60) days after the beginning of each fiscal | 0025| year. Payments due the State during any partial | 0001| fiscal year this Compact is in effect shall be | 0002| adjusted to reflect only that portion of the fiscal | 0003| year. Within sixty (60) days after the end of each | 0004| fiscal year in which this Compact is in effect, the | 0005| State shall submit to the Tribe an accounting of | 0006| actual costs incurred in carrying out any functions | 0007| authorized by the terms of this Compact. Any | 0008| amount of the twenty-five thousand dollars | 0009| ($25,000.00) not expended by the State on the | 0010| actual costs shall be returned to the Tribe by the | 0011| State within sixty (60) days after the fiscal year | 0012| or treated as a prepayment of the Tribe's | 0013| obligation during the subsequent fiscal year. | 0014| 6. In the event the State believes that the Tribe | 0015| is not administering and enforcing the regulatory | 0016| requirements set forth herein, it may invoke the | 0017| procedures set forth in Section 7 of this Compact. | 0018| F. Cash Reporting. The Tribe shall comply with all | 0019| applicable provisions of the Bank Secrecy Act, P.L. 91-508, | 0020| October 26, 1970, 31 U.S.C.  5311-5314, and all reporting | 0021| requirements of the Internal Revenue Service. | 0022| SECTION 5. Licensing Requirements. | 0023| A. License Required. The Gaming Facility operator, | 0024| (but not including the Tribe), including its principals, | 0025| primary management officials, and key employees, the Management | 0001| Contractor and its principals, primary management officials, | 0002| and key employees (if the Tribe hires a Management Contractor), | 0003| any person, corporation, or other entity that has supplied or | 0004| proposes to supply any gaming device to the Tribe or the | 0005| Management Contractor; and any person, corporation, or other | 0006| entity providing gaming services within or without a Gaming | 0007| Facility, shall apply for and receive a license from the Tribal | 0008| Gaming Agency before participating in any way in the operation | 0009| or conduct of any Class III Gaming on Indian Lands. | 0010| B. License Application. Each applicant for a license | 0011| shall file with the Tribal Gaming Agency a written application | 0012| in the form prescribed by the Tribal Gaming Agency, along with | 0013| the applicant's fingerprint card, current photograph, and the | 0014| fee required by the Tribal Gaming Agency. | 0015| 1. The following Notice ("Privacy Act Notice") | 0016| shall be placed on the application form for a | 0017| principal, key employee, or a primary management | 0018| official before that form is filled out by an | 0019| applicant: | 0020| In compliance with the Privacy Act of 1974, | 0021| the following information is provided: | 0022| Solicitations of the information on this | 0023| form is authorized by 25 U.S.C.  2701- | 0024| 2721. The purpose of the requested | 0025| information is to determine the eligibility | 0001| of individuals to be employed in a gaming | 0002| enterprise. The information will be used | 0003| by members and staff of the Tribal Gaming | 0004| Agency and the National Indian Gaming | 0005| Commission who have need for the | 0006| information in the performance of their | 0007| official duties. The information may be | 0008| disclosed to appropriate federal, tribal, | 0009| state, local, or foreign law enforcement | 0010| and regulatory agencies when relevant to | 0011| civil, criminal, or regulatory | 0012| investigations or prosecutions or when, | 0013| pursuant to a requirement by a tribe, or | 0014| the National Indian Gaming Commission, when | 0015| the information is relevant to the hiring | 0016| or firing of an employee, the issuance or | 0017| revocation of a gaming license, or | 0018| investigations of activities while | 0019| associated with a tribe or a gaming | 0020| enterprise. Failure to consent to the | 0021| disclosures indicated in this Notice will | 0022| result in a tribe being unable to hire you | 0023| in a primary management official or key | 0024| employee position with a tribal gaming | 0025| enterprise. | 0001| The disclosure of your Social Security | 0002| Number (SSN) is voluntary. However, failure | 0003| to supply an SSN may result in errors in | 0004| processing your application. | 0005| 2. Existing principals, key employees, and | 0006| primary management officials shall be notified, | 0007| in writing, that they shall either: | 0008| (a) Complete a new application form | 0009| that contains a Privacy Act notice; | 0010| or | 0011| (b) Sign a statement that contains | 0012| the Privacy Act Notice and consent to | 0013| the routine uses described in that | 0014| Notice. | 0015| 3. The following Notice ("False Statement | 0016| Notice") shall be placed on the application form | 0017| for a principal, key employee or a primary | 0018| management official before that form is filled | 0019| out by an applicant: | 0020| A false statement on any part of your | 0021| application may be grounds for not hiring | 0022| you or for firing you after you begin work. | 0023| Also, you may be punished by fine or | 0024| imprisonment. See 18 U.S.C.  1001.4. | 0025| 4. The Tribal Gaming Agency shall notify, in | 0001| writing, existing principals, key | 0002| employees, and primary management officials | 0003| that they shall either: | 0004| (a) complete a new application form that | 0005| contains a False Statement Notice; or | 0006| (b) sign a statement that contains the | 0007| False Statement Notice. | 0008| 5. The Tribal Gaming Agency shall request from | 0009| each applicant, and from each principal, primary | 0010| management official, and key employee of each | 0011| applicant, all of the following information: | 0012| (a) full name, other names used (oral or | 0013| written), Social Security Number(s), birth | 0014| date, place of birth, citizenship, gender, | 0015| and all languages spoken or written; | 0016| (b) currently, and for the previous ten | 0017| (10) years, business and employment | 0018| positions held, ownership interests in | 0019| those businesses, business and residence | 0020| addresses, and driver's license numbers; | 0021| provided, that any applicant who is a | 0022| principal, primary management official, key | 0023| employee, Management Contractor, | 0024| manufacturer or supplier of gaming devices, | 0025| and/or a person providing gaming services, | 0001| must provide such information currently, | 0002| and from the age of eighteen (18). | 0003| (c) the names and current addresses of at | 0004| least three (3) personal references, | 0005| including one personal reference who was | 0006| acquainted with the applicant during each | 0007| period of residence listed in Paragraph | 0008| B.5.(b) of this Section; | 0009| (d) current business and residence | 0010| telephone numbers; | 0011| (e) a description of any existing and | 0012| previous business relationships with Indian | 0013| tribes, including ownership interests in | 0014| those businesses, and a description of any | 0015| potential or actual conflict of interests | 0016| between such businesses and Indian tribes; | 0017| (f) a description of any existing and | 0018| previous business relationships in the | 0019| gaming industry, including, but not limited | 0020| to, ownership interests in those | 0021| businesses; | 0022| (g) the name and address of any licensing | 0023| or regulatory agency with which the | 0024| applicant has filed an application for a | 0025| license or permit related to gaming, | 0001| whether or not such license or permit was | 0002| granted; | 0003| (h) for each felony for which there is an | 0004| ongoing prosecution, or a conviction, the | 0005| charge, the date of the charge, the name | 0006| and address of the court involved, and the | 0007| disposition, if any; | 0008| (i) for each misdemeanor for which there | 0009| is an ongoing prosecution or conviction | 0010| (excluding minor traffic violations), the | 0011| charge, the date of the charge, the name | 0012| and address of the court involved, and the | 0013| disposition, if any; | 0014| (j) for each criminal charge (excluding | 0015| minor traffic charges), whether or not | 0016| there is a conviction, if such criminal | 0017| charge is not otherwise listed pursuant to | 0018| Paragraph B.5.(h) or B.5.(i) of this | 0019| Section, the criminal charge, the date of | 0020| the charge, the name and address of the | 0021| court involved, and the disposition, if | 0022| any; | 0023| (k) the name and address of any licensing | 0024| or regulatory agency with which the person | 0025| has filed an application for an | 0001| occupational license or permit, as an | 0002| applicant, principal, primary management | 0003| official, or key employee, and whether or | 0004| not such license or permit was granted; | 0005| (l) a current photograph; | 0006| (m) fingerprints, which shall be taken by | 0007| officers of the tribal police department | 0008| pursuant to a Memorandum of Understanding | 0009| between the Tribe and the National Indian | 0010| Gaming Commission ("Commission"); tribal | 0011| police officers shall forward the | 0012| fingerprint cards directly to the | 0013| Commission; | 0014| (n) the fee required by the Tribal Gaming | 0015| Agency; and | 0016| (o) any other information the Tribal | 0017| Gaming Agency deems relevant. | 0018| C. Background Investigations. | 0019| 1. Upon receipt of a completed application and | 0020| required fee for licensing, the Tribal Gaming | 0021| Agency shall conduct or cause to be conducted a | 0022| background investigation to ensure that the | 0023| applicant is qualified for licensing. | 0024| 2. Background checks of applicants will be | 0025| performed pursuant to the following procedures: | 0001| (a) the Tribal Gaming Agency shall provide | 0002| applications to potential applicants upon | 0003| request, and shall collect and maintain the | 0004| applications; | 0005| (b) pursuant to a Memorandum of | 0006| Understanding between the Tribe and the | 0007| Commission, tribal police officers will | 0008| collect fingerprints from all applicants | 0009| and forward the fingerprint cards directly | 0010| to the Commission. The Commission will | 0011| obtain a criminal history record from the | 0012| Federal Bureau of Investigation on each | 0013| applicant and forward such information to | 0014| the Tribal Gaming Agency; | 0015| (c) the Tribal Gaming Agency shall | 0016| investigate the information provided in the | 0017| applications. This investigation will | 0018| include: | 0019| (1) contacting persons or entities | 0020| identified in the application, and | 0021| verifying by written or oral | 0022| communication that the information | 0023| contained in the application is | 0024| accurate; | 0025| (2) interviewing a sufficient number | 0001| of knowledgeable people, such as | 0002| former employers, partners, business | 0003| associates, and others referred to in | 0004| the application, to provide a basis | 0005| for the Tribal Gaming Agency to make | 0006| a determination concerning whether | 0007| the applicant meets applicable | 0008| eligibility requirements; | 0009| (3) reviewing relevant financial | 0010| records of the applicant for the | 0011| three (3) years preceding the | 0012| application; and | 0013| (4) contacting any state, federal, | 0014| or other government agency that is | 0015| referred to in the application; | 0016| (d) the Tribal Gaming Agency shall | 0017| document any information it obtains that | 0018| calls into question whether the applicant | 0019| would meet the eligibility requirements | 0020| under the Ordinance. The Tribal Gaming | 0021| Agency shall then document in detail the | 0022| disposition of these problem areas, | 0023| indicating the follow-up investigations | 0024| performed on the problem areas and the | 0025| result of such investigations; | 0001| (e) the Tribal Gaming Agency will review | 0002| the results of the investigation. This | 0003| review will include a determination as to | 0004| the scope of the investigation and whether | 0005| sufficient information was obtained and | 0006| verified. If such information is found not | 0007| sufficient, the Tribal Gaming Agency will | 0008| perform additional investigations; and | 0009| (f) once the investigation is complete, | 0010| the Tribal Gaming Agency will decide | 0011| whether the applicant meets the eligibility | 0012| criteria under the Ordinance. | 0013| 3. In conducting a background investigation, | 0014| the Tribal Gaming Agency and its agents shall | 0015| keep confidential the identity of each person | 0016| interviewed in the course of the investigation. | 0017| 4. Within twenty (20) days of the receipt of a | 0018| completed application for licensing, and upon | 0019| request of an applicant, the Tribal Gaming | 0020| Agency may issue a temporary license to the | 0021| applicant, unless the background investigation | 0022| undertaken discloses that the applicant has a | 0023| criminal history, or unless other grounds | 0024| sufficient to disqualify the applicant are | 0025| apparent on the face of the application. The | 0001| temporary license shall become void and be of no | 0002| effect upon either: | 0003| (a) the issuance of the license; | 0004| (b) the issuance of a notice of denial; or | 0005| (c) ninety (90) days after the temporary | 0006| license is issued unless the state review | 0007| time is enlarged as provided in Section | 0008| 5.E.2, whichever occurs earlier. | 0009| 5. The Tribal Gaming Agency shall review a | 0010| person's prior activities, criminal record, if | 0011| any, and reputation, habits, and associations to | 0012| make a finding concerning the eligibility or | 0013| suitability of an applicant, or a principal, key | 0014| employee or primary management official of an | 0015| applicant, for employment or involvement in a | 0016| gaming enterprise. After such consultation, the | 0017| Tribal Gaming Agency shall either issue a | 0018| license or deny the application. If the Tribal | 0019| Gaming Agency determines that employment or | 0020| involvement of the applicant poses a threat to | 0021| the public interest, or to the effective | 0022| regulation of Class III Gaming, or creates or | 0023| enhances dangers of unsuitable, unfair, or | 0024| illegal practices, methods, or activities in the | 0025| conduct of Class III Gaming, the Tribal Gaming | 0001| Agency shall deny the application. | 0002| 6. The Tribal Gaming Agency shall retain the | 0003| right to conduct additional background | 0004| investigations of any person required to be | 0005| licensed at any time while the license is valid. | 0006| D. Procedure for Forwarding Applications and Reports. | 0007| Procedures for forwarding applications and investigative | 0008| reports to the Commission and State Gaming Representative. | 0009| 1. When a key employee or primary management | 0010| official begins work at a gaming enterprise | 0011| authorized by this Compact, the Tribal Gaming | 0012| Agency shall forward to the Commission and the | 0013| State Gaming Representative a completed | 0014| application for employment. | 0015| 2. The Tribal Gaming Agency shall forward the | 0016| report referred to in Paragraph D.4. of this | 0017| section to the Commission and the State Gaming | 0018| Representative within sixty (60) days after an | 0019| employee begins works or within sixty (60) days | 0020| of the approval of this Compact by the Secretary | 0021| of the Interior. | 0022| 3. A key employee or primary management | 0023| official who does not have a license shall not | 0024| be employed after ninety (90) days. | 0025| 4. The Tribal Gaming Agency shall prepare and | 0001| forward to the Commission and the State Gaming | 0002| Representative a report on each background | 0003| investigation ("Investigative Report"). An | 0004| Investigative Report shall include all of the | 0005| following: | 0006| (a) steps taken in conducting the | 0007| background investigation; | 0008| (b) results obtained; | 0009| (c) conclusions reached; and | 0010| (d) the basis for those conclusions. | 0011| 5. The Tribal Gaming Agency shall submit with | 0012| the Investigative Report a copy of the | 0013| eligibility determination made under Paragraph | 0014| C.5. of this section. | 0015| 6. If a license is not issued to an applicant, | 0016| the Tribal Gaming Agency shall notify the | 0017| Commission and the State Gaming Representative. | 0018| 7. With respect to principals, key employees | 0019| and primary management officials, the Tribal | 0020| Gaming Agency shall retain applications for | 0021| employment and Investigative Reports (if any) | 0022| for no less than three (3) years from the date | 0023| of termination of employment. | 0024| E. Granting a Gaming License. | 0025| 1. If within thirty (30) days after it receives | 0001| an Investigative Report, neither the Commission | 0002| nor the State Gaming Representative has notified | 0003| the Tribal Gaming Agency that it has an | 0004| objection to the issuance of a license pursuant | 0005| to a license application filed by a principal, | 0006| key employee, or a primary management official, | 0007| the Tribal Gaming Agency may issue a license to | 0008| such applicant. | 0009| 2. The Tribal Gaming Agency shall respond to | 0010| any request for additional information from the | 0011| Commission or the State Gaming Representative | 0012| concerning a principal, key employee, or primary | 0013| management official who is the subject of an | 0014| Investigative Report. Such a request shall | 0015| suspend the thirty (30) day period under | 0016| Paragraph E.1. of this Section until the | 0017| Commission or the State Gaming Representative | 0018| receives the additional information. However, | 0019| in no event shall a request for additional | 0020| information by the State Gaming Representative | 0021| extend the thirty (30) day period under | 0022| Paragraph E.1. of this section for a total | 0023| period of more than sixty (60) days from the | 0024| date the State Gaming Representative received | 0025| the investigative report. | 0001| 3. If, within the thirty (30) day period | 0002| described above, the Commission or the State | 0003| Gaming Representative provides the Tribal Gaming | 0004| Agency with a statement itemizing objections to | 0005| the issuance of a license to a principal, key | 0006| employee or to primary management official for | 0007| whom the Tribal Gaming Agency has provided an | 0008| application and Investigative Report, the Tribal | 0009| Gaming Agency shall reconsider the application | 0010| taking into account the objections itemized by | 0011| the Commission and/or the State Gaming | 0012| Representative, and make a final decision | 0013| whether to issue a license to such applicant. | 0014| F. Management Contract. | 0015| 1. If the Tribe chooses to enter into a | 0016| Management Contract, the Tribal Gaming | 0017| Agency shall require that all principals, | 0018| primary management officials, and key | 0019| employees of the Contractor be licensed. | 0020| 2. The Tribe may enter into a Management | 0021| Contract only if the Management Contract: | 0022| (a) provides that all Class III Gaming | 0023| covered by the Management Contract will be | 0024| conducted in accordance with IGRA, the | 0025| Ordinance, and this Compact; | 0001| (b) enumerates the responsibilities of | 0002| each of the parties for each identifiable | 0003| function, including: | 0004| (1) maintaining and improving the | 0005| Gaming Facility; | 0006| (2) providing operating capital; | 0007| (3) | 0008| establishing | 0009| operating days | 0010| and hours; | 0011| (4) hiring, | 0012| firing, | 0013| training, and | 0014| promoting | 0015| employees; | 0016| (5) | 0017| maintaining the | 0018| gaming | 0019| enterprise's | 0020| books and | 0021| records; | 0022| (6) preparing the gaming | 0023| enterprise's financial statements and | 0024| reports; | 0025| (7) paying for the services of the | 0001| independent auditor engaged pursuant | 0002| to 25 C.F.R.  571.12; | 0003| (8) hiring and | 0004| supervising | 0005| security | 0006| personnel; | 0007| (9) providing fire protection | 0008| services; | 0009| (10) setting | 0010| advertising | 0011| budget and | 0012| placing | 0013| advertising; | 0014| (11) paying bills and expenses; | 0015| (12) | 0016| establishing | 0017| and | 0018| administering | 0019| employment | 0020| practices; | 0021| (13) obtaining and maintaining | 0022| insurance coverage, including | 0023| coverage of public liability and | 0024| property loss or damage; | 0025| (14) complying with all applicable | 0001| provisions of the Internal Revenue | 0002| Code; | 0003| (15) paying | 0004| the cost of | 0005| public safety | 0006| services; and | 0007| (16) if applicable, supplying the | 0008| Commission with all information | 0009| necessary for the Commission to | 0010| comply with the National | 0011| Environmental Policy Act; | 0012| (c) provides for the establishment and | 0013| maintenance of satisfactory accounting | 0014| systems and procedures that shall, at | 0015| minimum: | 0016| (1) include an | 0017| adequate system | 0018| of internal | 0019| controls; | 0020| (2) permit the preparation of | 0021| financial statements in accordance | 0022| with generally accepted accounting | 0023| principles; | 0024| (3) be susceptible to audit; | 0025| (4) permit the calculation and | 0001| payment of the Management | 0002| Contractor's fee; and | 0003| (5) provide for the allocation of | 0004| operating expenses or overhead | 0005| expenses among the Tribe, the | 0006| Management Contractor, and any other | 0007| user of shared Gaming Facilities and | 0008| services; | 0009| (d) requires the Management Contractor to | 0010| provide the Tribe, not less frequently than | 0011| monthly, verifiable financial reports or | 0012| all information necessary to prepare such | 0013| reports; | 0014| (e) requires the Management Contractor to | 0015| provide immediate access to the Gaming | 0016| Facility, including its books and records, | 0017| by appropriate tribal officials, who shall | 0018| have: | 0019| (1) the right to verify the daily | 0020| gross revenues and income from the | 0021| gaming enterprise; and | 0022| (2) access to any other gaming- | 0023| related information the Tribe deems | 0024| appropriate; | 0025| (f) provides for a minimum guaranteed | 0001| monthly payment to the Tribe in a sum | 0002| certain that has preference over the | 0003| retirement of development and construction | 0004| costs; | 0005| (g) provides an agreed upon maximum dollar | 0006| amount for the recoupment of development | 0007| and construction costs; | 0008| (h) provides for a term not to exceed the | 0009| period allowed by the IGRA; | 0010| (i) details the method of compensating and | 0011| reimbursing the management Contractor. If | 0012| a Management Contract provides for a | 0013| percentage fee, such fee shall be either: | 0014| (1) not more than thirty percent | 0015| (30%) of the net revenues of the | 0016| gaming enterprise if the Chairman of | 0017| the Commission is satisfied that such | 0018| percentage is reasonable considering | 0019| the circumstances; or | 0020| (2) not more than forty percent | 0021| (40%) of the net revenues if the | 0022| Chairman of the Commission is | 0023| satisfied that the capital investment | 0024| required and income projections for | 0025| the gaming enterprise require the | 0001| additional fee; | 0002| (j) provides the grounds and mechanisms | 0003| for modifying or terminating the Management | 0004| Contract; | 0005| (k) contains a mechanism to resolve | 0006| disputes between: | 0007| (1) the Management Contractor and | 0008| customers, consistent with the | 0009| procedures in the Ordinance; | 0010| (2) the Management Contractor and | 0011| the Tribe; and | 0012| (3) the Management Contractor and | 0013| the gaming enterprise employees; | 0014| (1) indicates whether and to what extent | 0015| contract assignments and subcontracting are | 0016| permissible; | 0017| (m) indicates whether and to what extent | 0018| changes in the ownership interest in the | 0019| Management Contract require advance | 0020| approval by the Tribe; and | 0021| (n) states that the Management Contract | 0022| shall not be effective unless and until it | 0023| is approved by the Chairman of the | 0024| Commission, date of signature of the | 0025| parties notwithstanding. | 0001| 3. The Tribe shall not enter into any Management | 0002| Contract if the Tribal Gaming Agency determines | 0003| that the Management Contractor or any principal, | 0004| primary management official, or key employee of the | 0005| Management Contractor is not licensed or is | 0006| ineligible to be licensed. | 0007| G. Access to Records. Any and all documents, records, | 0008| and other information pertaining to receipts and expenditures | 0009| of the tribal gaming enterprise, security and surveillance | 0010| systems, background investigations, technical information | 0011| pertaining to gaming devices, and other documents designated | 0012| "confidential" by the tribal gaming agency or the tribal gaming | 0013| enterprise that are received by the state gaming representative | 0014| or his designee shall not be considered public records of the | 0015| state, and shall not be disclosed by any state official to any | 0016| member of the public without the express prior written consent | 0017| of the tribe. Nothing herein, however, shall prevent the state | 0018| gaming representative or his designee from sharing information | 0019| with other state or federal agencies, as needed to perform its | 0020| functions under this compact, or from complying with a valid | 0021| court order compelling production of such documents, but in the | 0022| event of any lawsuit in which production is sought by any | 0023| party, without a confidentiality order being imposed on these | 0024| documents, the state gaming representative or his designee (or | 0025| other state agency in possession of such records) shall give | 0001| notice to the tribe prior to producing any such records, and | 0002| shall not object to the tribe's intervention in such action for | 0003| the purpose of opposing such disclosure of records. | 0004| SECTION 6. Providers of Class III Gaming Equipment or | 0005| Supplies. | 0006| A. Within thirty (30) days after the effective date of | 0007| this Compact, if it has not already done so, the Tribal Gaming | 0008| Agency will adopt standards for any and all Class III Gaming | 0009| equipment, devices or supplies to be purchased, leased, or | 0010| otherwise acquired by the Tribe after the effective date of | 0011| this Compact for use in any Gaming Facility which standards | 0012| shall be at least as strict as the comparable standards | 0013| applicable to Class III Gaming equipment, devices, or supplies | 0014| within the State of Nevada. Any and all Class III Gaming | 0015| equipment, devices, or supplies acquired by the Tribe after the | 0016| date of this Compact shall meet or exceed the standards thereby | 0017| adopted, and any and all Class III Gaming equipment, devices, | 0018| or supplies utilized by the Tribe in its Gaming Facilities as | 0019| of the effective date of this Compact shall be upgraded or | 0020| replaced, if necessary, so as to comply with such standards, by | 0021| no later than one (1) year after the effective date of this | 0022| Compact. | 0023| B. Prior to entering into any future lease or purchase | 0024| agreement Gaming equipment, the Tribe shall obtain sufficient | 0025| information and identification from the proposed seller or | 0001| lessor and all persons holding any direct or indirect financial | 0002| interest in the lessor or the lease-purchase agreement to | 0003| permit the Tribe to license those persons in accordance with | 0004| Section 5, hereof. | 0005| C. The seller, lessor, manufacturer, or distributor | 0006| shall provide, assemble, and install all Class III Gaming | 0007| equipment, devices, and supplies in a manner approved and | 0008| licensed by the Tribe. | 0009| SECTION 7. Dispute Resolution. | 0010| A. In the event either party believes that the other | 0011| party has failed to comply with or has otherwise breached any | 0012| provision of this Compact, such party may invoke the following | 0013| procedure: | 0014| 1. the party asserting noncompliance shall serve | 0015| written notice on the other party. The notice | 0016| shall identify the specific Compact provision | 0017| believed to have been violated and shall specify | 0018| the factual and legal basis for the alleged | 0019| noncompliance. The notice shall specifically | 0020| identify the date, time, and nature of the alleged | 0021| noncompliance. Representatives of the State and | 0022| Tribe shall thereafter meet within thirty (30) days | 0023| in an effort to resolve the dispute; | 0024| 2. in the event an allegation by the complaining | 0025| party is not resolved to the satisfaction of such | 0001| party within ninety (90) days after service of the | 0002| notice set forth in Paragraph (A)(1) of this | 0003| Section, the complaining party may serve upon the | 0004| other party a notice to cease conduct of the | 0005| particular game(s) or activities alleged by the | 0006| complaining party to be in noncompliance. Upon | 0007| receipt of such notice, the responding party may | 0008| elect to stop the game(s) or activities specified | 0009| in the notice or invoke arbitration and continue | 0010| the game(s) or activities pending the results of | 0011| arbitration. The responding party shall act upon | 0012| one of the foregoing options within thirty (30) | 0013| days of receipt of notice from the complaining | 0014| party; | 0015| 3. arbitration under this authority shall be | 0016| conducted under the Commercial Arbitration Rules of | 0017| the American Arbitration Association, except that | 0018| the arbitrators shall be attorneys who are licensed | 0019| members of the State Bar of New Mexico or of the | 0020| bar of another state, in good standing. The State | 0021| will select one arbitrator, the Tribe a second | 0022| arbitrator, and the two so chosen shall select a | 0023| third arbitrator. If the third arbitrator is not | 0024| chosen in this manner within ten (10) days after | 0025| the second arbitrator is selected, the third | 0001| arbitrator will be chosen in accordance with the | 0002| rules of the American Arbitration Association; | 0003| 4. all parties shall bear their own costs of | 0004| arbitration and attorney fees; and | 0005| 5. the results of arbitration shall be enforceable | 0006| by an action for injunctive or mandatory injunctive | 0007| relief against the State and the Tribe in any court | 0008| of competent jurisdiction. For purposes of any | 0009| such action, the State and the Tribe acknowledge | 0010| that any action or failure to act on the part of | 0011| any agent or employee of the State or the Tribe, | 0012| contrary to a decision of the arbitrators in an | 0013| arbitration proceeding conducted under the | 0014| provisions of this Section, occurring after such | 0015| decision, shall be wholly unauthorized and ultra | 0016| vires acts, not protected by the sovereign immunity | 0017| of the State or the Tribe. | 0018| B. Nothing in Subsection 7(A) shall be construed to | 0019| waive, limit or restrict any remedy which is otherwise | 0020| available to either party to enforce or resolve disputes | 0021| concerning the provisions of this Compact. Nothing in this | 0022| Compact shall be deemed a waiver of the Tribe's sovereign | 0023| immunity. Nothing in this Compact shall be deemed a waiver of | 0024| the State's sovereign immunity. | 0025| SECTION 8. Protection of Patrons. | 0001| A. Liability to Patrons. To insure the personal safety | 0002| and protection of patrons and other invitees of the Tribe's | 0003| Gaming Facilities operated under the provisions of this | 0004| Compact, the Tribe shall at all times maintain in effect a | 0005| policy of public liability insurance, insuring the Tribe, its | 0006| agents and employees against any claims, demands or liability | 0007| that may arise as a result of personal injury to any person | 0008| (other than an employee of the gaming establishment) occurring | 0009| anywhere on the premises of any gaming establishment operated | 0010| by the Tribe under the provisions of this Compact, or as a | 0011| result of any act or omission of any agent or employee of such | 0012| gaming establishment while in the course of his or her | 0013| employment, which policy shall provide personal injury coverage | 0014| of no less than One Million Dollars ($1,000,000) per injured | 0015| person and Ten Million Dollars ($10,000,000) aggregate per | 0016| policy year. | 0017| 1. The Tribe agrees that in the event of any claim | 0018| made against it or its gaming enterprise, or any agent or | 0019| employee thereof, arising out of any personal injury as | 0020| described above, neither the Tribe nor its insurer will assert | 0021| any defense of immunity from suit as to such claim for | 0022| compensatory damages up to the amount of One Million Dollars | 0023| ($1,000,000) per injured person, in any action filed in a court | 0024| of competent jurisdiction to be tried to the court; provided, | 0025| however, that this agreement not to assert such defense shall | 0001| be strictly limited as provided herein, and shall not apply to | 0002| any claim for punitive damages, or to any claim for which a | 0003| jury trial is demanded, or to any claim for any loss or damage | 0004| other than that arising from actual bodily injury or death, or | 0005| to any claim for damages in excess of the amounts set forth | 0006| herein. Nothing herein shall be construed as stating or | 0007| implying that the Tribe has waived or agreed not to assert its | 0008| immunity from suit for any other purpose or in any other | 0009| circumstance other than the limited purposes and circumstances | 0010| expressly set forth herein, nor shall anything herein be | 0011| construed as an admission of liability as to any claim for | 0012| damages or as an agreement or indication of willingness to pay | 0013| any amount as damages absent a judicial determination of fault, | 0014| and the Tribe or its insurer, or both, shall in every instance | 0015| have the right to defend any such claim fully on the merits. | 0016| 2. The Tribe shall provide to the State Gaming | 0017| Representative annually a certificate of insurance showing that | 0018| its gaming enterprise and its agents and employees engaged | 0019| therein, are insured to the extent and in the circumstances | 0020| required by this Section, or that it is self-insured to such | 0021| extent and in such circumstances. If the State Gaming | 0022| Representative so requests in writing, the certificate of | 0023| insurance may be furnished directly to the State Gaming | 0024| Representative from the insurance carrier or the insuring | 0025| agency for the insured Tribe. | 0001| B. Public Health and Safety. The Tribe will establish | 0002| for its Gaming Facilities health, safety, and construction | 0003| standards that are at least as stringent as the current | 0004| editions of the National Electrical Code, the Uniform Building | 0005| Code, the Uniform Mechanical Code, the Uniform Fire Code, and | 0006| the Uniform Plumbing Code, and any and all gaming facilities or | 0007| additions thereto constructed by the Tribe hereafter shall be | 0008| constructed and all facilities shall be maintained so as to | 0009| comply with such standards. Inspections will be conducted with | 0010| respect to these standards at least annually. If the State | 0011| Gaming Representative requests sufficiently in advance of an | 0012| annual inspection, the representative may be present during | 0013| such inspection. The Tribe agrees to correct any deficiencies | 0014| noted in such inspections within a reasonable period of time. | 0015| The Tribal Gaming Agency will provide copies of such inspection | 0016| reports to the State Gaming Representative, if requested to do | 0017| so in writing. | 0018| SECTION 9. Effective Date. | 0019| This Compact shall be effective immediately upon the | 0020| occurrence of the last of the following: | 0021| A. execution by the Tribe's Governor or President after | 0022| approval by the Tribal Council; | 0023| B. execution by the Governor of the State; | 0024| C. approval by the Secretary of the Interior; and | 0025| D. publication in the Federal Register. | 0001| SECTION 10. Criminal Jurisdiction. | 0002| The Tribe and the State acknowledge that under the | 0003| provisions of Section 23 of IGRA, especially that portion | 0004| codified at 18 U.S.C.  1166(d), jurisdiction to prosecute | 0005| violations of state gambling laws made applicable by that | 0006| section to Indian country is vested exclusively within the | 0007| United States, unless the Tribe and the State agree in a | 0008| compact entered into under IGRA to acknowledge such | 0009| jurisdiction in the State. The Tribe and the State hereby | 0010| agree that, in the event of any violation of any state gambling | 0011| law within the Indian Lands by any person who is not a member | 0012| of the Tribe, the State shall have and may exercise | 0013| jurisdiction, concurrent with that of the United States, to | 0014| prosecute such person, under its laws and in its courts; | 0015| provided, however, that this concurrent jurisdiction shall (1) | 0016| not take effect unless and until the State and the Tribe shall | 0017| have entered into a Memorandum of Understanding ("MOU") with | 0018| respect to the manner in which State and tribal law enforcement | 0019| agencies shall cooperate with each other and with federal | 0020| authorities in the detection of violations, apprehension and | 0021| detention of any suspected violator, and the investigation and | 0022| prosecution of any charges brought by the State pursuant to | 0023| this Section and (2) continue so long as the MOU remains in | 0024| effect. For the purposes of negotiating and executing such a | 0025| Memorandum of Understanding, the Legislature authorizes the | 0001| State District Attorney for the Judicial District in which the | 0002| Tribes' lands are located to act on behalf of the State. | 0003| SECTION 11. Binding Effect and Duration. | 0004| A. This Compact shall be binding upon the State and | 0005| Tribe for a term of fifteen (15) years from the date it becomes | 0006| effective and will automatically renew for an additional five | 0007| (5) year period unless modified or terminated by written | 0008| agreement of both parties. | 0009| B. Before the date that is one year prior to the | 0010| expiration of the fifteen (15) year initial term, and/or before | 0011| the date that is one year prior to the expiration of the five | 0012| (5) year renewal period, either party may serve written notice | 0013| on the other of its desire to renegotiate this Compact. | 0014| C. In the event that either party gives written notice | 0015| to the other of its desire to renegotiate this Compact pursuant | 0016| to Subsection (B) of this Section, the Tribe may, pursuant to | 0017| the procedures of IGRA, request the State to enter into | 0018| negotiations for a new compact governing the conduct of Class | 0019| III Gaming. If the parties are unable to conclude a successor | 0020| compact, this Compact shall remain in full force and effect | 0021| pending exhaustion of the administrative and judicial remedies | 0022| set forth in IGRA and any other applicable federal law. | 0023| D. Notwithstanding the foregoing, at any time while this | 0024| Compact remains in effect, either party may, by written notice | 0025| to the other party, request reopening negotiations with respect | 0001| to any provision of this Compact, or with respect to any issue | 0002| not addressed in the Compact, specifying such provision or | 0003| issue in such notice. No such request shall be unreasonably | 0004| refused, but neither party shall be required to agree to any | 0005| change in the Compact, and no agreement to supplement or amend | 0006| this Compact in any respect shall have any validity until the | 0007| same shall have been approved in writing by the Tribe, the | 0008| State, and the Secretary of the Interior and notice of such | 0009| approval published in the Federal Register. | 0010| E. The Tribe may operate Class III Gaming only while | 0011| this Compact or any renegotiated compact is in effect. | 0012| SECTION 12. Severability. | 0013| In the event that any Section or provision of this | 0014| Compact is held invalid by any court of competent jurisdiction, | 0015| it is the intent of the parties that the remaining sections or | 0016| provisions of this Compact, and any amendments thereto, shall | 0017| continue in full force and effect. | 0018| SECTION 13. Notice to Parties. | 0019| Unless otherwise indicated, all notices, payments, | 0020| requests, reports, information, or demand which any party | 0021| hereto may desire or may be required to give to the other party | 0022| hereto, shall be in writing, and shall be personally delivered | 0023| or sent by first-class mail sent to the other party at its | 0024| address appearing below or such other address as any party | 0025| shall hereinafter inform the other party hereto by written | 0001| notice given as aforesaid: | 0002| Notice to the Tribe shall be sent to: | 0003| Office of the Governor or President Tribal Gaming Agency | 0004| Notice to the State shall be sent to: | 0005| Governor's Office Office of Attorney General | 0006| State of New Mexico State of New Mexico | 0007| Santa Fe, New Mexico Santa Fe, New Mexico | 0008| Every notice, payment, request, report, information, or demand | 0009| so given shall be deemed effective upon receipt, or if mailed, | 0010| upon receipt or the expiration of the third day following the | 0011| day of mailing, whichever occurs first, except that any notice | 0012| of change of address shall be effective only upon receipt by | 0013| the party to whom said notice is addressed. | 0014| SECTION 14. Entire Agreement. | 0015| This Compact is the entire agreement between the parties | 0016| and supersedes all prior agreements, whether written or oral, | 0017| with respect to the subject matter hereof. Neither this | 0018| Compact nor any provision herein may be changed, waived, | 0019| discharged, or terminated orally, but only by an instrument, in | 0020| writing, signed by the Tribe and the State, and approved by the | 0021| Secretary of the Interior. | 0022| SECTION 15. Filing of Compact with Secretary of State. | 0023| Upon the effective date of this Compact, a certified copy | 0024| shall be filed by the Tribe with the New Mexico Secretary of | 0025| State, and a copy shall be transmitted to the New Mexico | 0001| Attorney General. Any subsequent amendment or modification of | 0002| this Compact shall be filed with the New Mexico Secretary of | 0003| State and a copy shall be transmitted to the New Mexico | 0004| Attorney General." | 0005| Section 6. [NEW MATERIAL] REVENUE SHARING AGREEMENTS | 0006| AUTHORIZED AND REQUIRED.-- | 0007| A. The governor of the state shall not enter into | 0008| any tribal-state gaming compact on behalf of the state unless | 0009| the Tribe requesting the compact agrees to enter into a revenue | 0010| sharing agreement with the state. | 0011| B. The governor of the state is hereby authorized | 0012| and directed to execute on behalf of the state tribal-state | 0013| revenue sharing agreements with the following tribal | 0014| governments: the pueblos of Acoma, Isleta, Nambe, Pojoaque, | 0015| San Felipe, San Ildefonso, San Juan, Sandia, Santa Ana, Santa | 0016| Clara, Taos, and Tesuque, the Jicarilla Apache tribe and the | 0017| Mescalero Apache tribe in the form set forth in Section 7 of | 0018| the Tribal Governmental Gaming Compact Act. | 0019| C. The governor of the state is hereby authorized | 0020| and directed to execute on behalf of the state a tribal-state | 0021| revenue sharing agreement in the form set forth in Section 7 of | 0022| the Tribal Governmental Gaming Compact Act. | 0023| D. Any tribal-state revenue sharing agreement | 0024| executed by the governor pursuant to Subsections A or B of this | 0025| section shall constitute a binding obligation of the state, | 0001| once the agreement takes effect. | 0002| Section 7. [NEW MATERIAL] FORM OF REVENUE SHARING | 0003| AGREEMENT.-- | 0004| Revenue sharing agreements with tribes concerning class | 0005| III gaming revenues shall have the following form: | 0006| "TRIBAL-STATE | 0007| REVENUE SHARING AGREEMENT | 0008| This Agreement made between the State of New Mexico | 0009| (hereinafter referred to as "State") and the _______________ | 0010| (hereinafter referred to as "Tribe"), parties to a Compact | 0011| between the Tribe and the State, executed more or less | 0012| contemporaneously with this Agreement. The parties agree as | 0013| follows: | 0014| 1. Summary. The Tribe agrees to contribute certain of | 0015| its Class III Gaming revenues, as described below, to the State, | 0016| on the terms and conditions contained in this Agreement. | 0017| 2. Purpose. The purpose of this Agreement is to | 0018| compensate the State for maintaining market exclusivity of | 0019| tribal gaming. Tribal revenue sharing will, therefore, be | 0020| limited to the extent that competing games are conducted outside | 0021| Indian Lands. This Agreement is intended to recognize the | 0022| existing lawful levels of gaming permitted under State law and | 0023| public policy. A central purpose of this Agreement is that if | 0024| such existing lawful levels of gaming are increased, except as | 0025| referred to under Paragraph 5(B) of this Agreement, the Tribe's | 0001| revenue sharing obligation hereunder shall terminate. | 0002| 3. Revenue to State Government. The parties agree that, | 0003| after the effective date hereof, the Tribe shall make semi- | 0004| annual payments to the General Fund of the State ("State | 0005| General Fund") in the amount calculated pursuant to Paragraph 4 | 0006| of this Agreement. | 0007| 4. Calculation of Revenue to State Government. | 0008| A. The total revenue the Tribe will pay to the | 0009| State Government pursuant to Paragraph 3 of this Agreement | 0010| shall be Five Percent (5%) of the gross gaming receipts at each | 0011| Gaming Facility derived from Class III games of chance which | 0012| are protected by the limitations in Paragraph 5 of this | 0013| Agreement and elsewhere herein. | 0014| B. For purposes of these payments, all | 0015| calculations of amounts due shall be based upon a calendar year | 0016| beginning January 1 and ending December 31, unless the parties | 0017| agree on a different fiscal year. The semi-annual payments due | 0018| to the State Government pursuant to these terms shall be paid | 0019| no later than twenty-five (25) days after December 31 and June | 0020| 30 of each year (or commensurate dates if the fiscal year | 0021| agreed upon is different from the calendar year). Any payments | 0022| due and owing from the Tribe in the year the Compact is | 0023| approved, or the final year the Compact is in force, shall | 0024| reflect the gross gaming receipts, but only for the portion of | 0025| the year the Compact is in effect. Any adjustments to revenue | 0001| sharing payments arising from the annual audit report required | 0002| under the Compact will be reflected in the next following semi- | 0003| annual payment under this Revenue Sharing Agreement. | 0004| 5. Limitations. The Tribe's obligation to make the | 0005| payments provided for in Paragraphs 3 and 4 of this Agreement | 0006| shall apply and continue only so long as there is a binding | 0007| Compact in effect between the Tribe and the State which Compact | 0008| provides for the play of Class III games of chance, but shall | 0009| terminate in the event of any of the following conditions: | 0010| A. if the State passes, amends, or repeals any | 0011| law, or takes any other action, which would directly or | 0012| indirectly attempt to restrict, or has the effect of | 0013| restricting, the scope of Indian gaming. | 0014| B. if the State permits any expansion of non- | 0015| tribal Class III Gaming in the State. Notwithstanding this | 0016| general prohibition against permitted expansion of gaming | 0017| activities, the State may permit (1) the existing State | 0018| lottery, (2) any veterans, fraternal, or other non-profit | 0019| membership organization to operate one or more electronic | 0020| gaming machines on such organization's premises for the benefit | 0021| of its members, but only for the benefit of such organization's | 0022| members, and only if such devices are required to meet the | 0023| standards applicable to such devices in the State of Nevada by | 0024| no later than one year after the date of enactment of | 0025| legislation making such devices lawful, and (3) any horse | 0001| racing tracks to operate electronic gaming devices on days on | 0002| which live horse racing or simulcast of horse races occurring | 0003| at horse racing tracks elsewhere within New Mexico are | 0004| conducted at such tracks; provided, however, that for any day | 0005| on which electronic gaming devices are permitted to be operated | 0006| under this provision at any horse racing track located within | 0007| 150 miles of a Gaming Facility owned by the Tribe, one-half of | 0008| the gross gaming receipts derived from electronic gaming | 0009| devices at such Gaming Facility for such day would be exempt | 0010| from any revenue sharing obligation under the provisions of | 0011| this Agreement (except that if electronic gaming devices are | 0012| operated at such horse racing track for more than 12 hours on | 0013| any such day, all of the Tribe's revenues from electronic | 0014| gaming devices on such day shall be exempt from any revenue | 0015| sharing obligation under the provisions of this Agreement), and | 0016| provided further that there will be no exemption from State | 0017| taxes imposed on gross receipts of such electronic gaming | 0018| devices at horse racing tracks. Notwithstanding the reference | 0019| to permitted live horse racing dates, any increase in the | 0020| number of permitted live horse racing dates on which electronic | 0021| gaming devices are permitted to be operated shall constitute an | 0022| unpermitted expansion of gaming. | 0023| 6. Effect of Variance. | 0024| A. In the event the acts or omissions of the State | 0025| cause the Tribe's obligation to make payments under Paragraph 4 | 0001| of this Agreement to terminate under the provisions of | 0002| Paragraph 5 of this Agreement, such cessation of obligation to | 0003| pay will not adversely affect the validity of the Compact, but | 0004| the maximum amount that the Tribe agrees to reimburse the State | 0005| for actual documented regulatory costs under Section 4(E)(5) of | 0006| the Compact shall automatically increase to One Hundred | 0007| Thousand Dollars ($100,000) per year. | 0008| B. In the event a Tribe's revenue sharing payment | 0009| to the State is less than one hundred thousand dollars | 0010| ($100,000) per year, the maximum amount that the Tribe agrees | 0011| to reimburse the State for actual documented regulatory costs | 0012| under Section (4)(E)(5) of the Compact shall automatically | 0013| increase to one hundred thousand dollars per year ($100,000) | 0014| less the amount of the revenue sharing payment. | 0015| 7. Interpretation. This Agreement shall be broadly | 0016| construed to accomplish its purpose. | 0017| 8. Dispute Resolution. In the event either party fails | 0018| to comply with or otherwise breaches any provision of this | 0019| Agreement, the aggrieved party may invoke the dispute | 0020| resolution procedure set out in the Compact. | 0021| 9. Effective Date. This Agreement shall become | 0022| effective on the date that the Compact between the State and | 0023| the Tribe becomes effective. | 0024| 10. Amendments. Any amendment to this Agreement shall | 0025| be in writing and signed by both parties. The terms and | 0001| conditions of this Agreement shall remain in effect until | 0002| amended, modified or terminated, by agreement of the parties. | 0003| 11. Third-Party Beneficiaries. This Agreement is not | 0004| intended to create any third-party beneficiaries and is entered | 0005| into solely for the benefit of the Tribe and the State. | 0006| 12. Definitions. Unless otherwise provided herein, | 0007| terms in this Agreement shall have the same meanings as such | 0008| terms are given in Section 2 of the Compact." | 0009| Section 8. [NEW MATERIAL] RATIFICATION AND APPROVAL.- | 0010| - The ratification and approval of forms of a tribal-state | 0011| gaming compact and revenue-sharing agreement by this state | 0012| shall not be binding or obligatory until it shall have been | 0013| likewise approved by the tribal government as a party to a | 0014| state-tribal gaming compact and revenue-sharing agreement with | 0015| the state, and by the Secretary of the Interior, notice of | 0016| which approval has been published in the Federal Register as | 0017| provided by IGRA. | 0018| Section 9. [NEW MATERIAL] STATE GAMING | 0019| REPRESENTATIVE.--The director of the alcohol and gaming | 0020| division of the regulation and licensing department shall be | 0021| the state gaming representative for the purposes of | 0022| implementing tribal-state gaming compacts. | 0023| Section 10. Section 30-19-6 NMSA 1978 (being Laws 1963, | 0024| Chapter 303, Section 19-6, as amended) is amended to read: | 0025| "30-19-6. [PERMISSIVE LOTTERY] AUTHORIZED ACTIVITIES-- | 0001| FAIRS--THEATERS--TAX-EXEMPT ORGANIZATIONS.-- | 0002| A. Nothing in [Article 19] Chapter 30, Article | 0003| 19 NMSA 1978 [shall be construed to apply to any] prohibits | 0004| a sale or drawing of [any] a prize at [any] a fair | 0005| held in this state for the benefit of [any] a church, | 0006| public library or religious society [situate or being] | 0007| located in this state, or for charitable purposes when all | 0008| the proceeds of [such] the fair [shall be] are expended | 0009| in this state for the benefit of [such] the church, public | 0010| library, religious society or charitable purposes. A [lottery | 0011| shall be operated] sale or drawing conducted pursuant to this | 0012| subsection is for the benefit of the organization or | 0013| charitable purpose only [when] if the entire proceeds [of | 0014| the lottery] from the sale or drawing go to the organization | 0015| or charitable purpose and no part of [such] the proceeds go | 0016| to [any] an individual member or employee [thereof] of | 0017| the organization. | 0018| B. Nothing in [Article 19] Chapter 30, Article | 0019| 19 NMSA 1978 [shall be held to prohibit any] prohibits a | 0020| bona fide motion picture [theatre] theater from offering | 0021| prizes of cash or merchandise for advertising purposes, in | 0022| connection with [such] the business of the theater or for | 0023| the purpose of stimulating business, whether or not [any] | 0024| consideration other than a monetary consideration in excess of | 0025| the regular price of admission is [exacted] charged for | 0001| participation in drawings for prizes. | 0002| C. Nothing in [Article 19] Chapter 30, Article | 0003| 19 NMSA 1978 [shall be held to apply to any] prohibits a | 0004| bona fide county fair, including [fairs] a fair for more | 0005| than one county, [which shall have] that has been held | 0006| annually at the same location for at least two years [and | 0007| which shall offer] from offering prizes of livestock or | 0008| poultry in connection with [such] the fair [when] if | 0009| the proceeds of [such] the drawings [shall be] are used | 0010| for the benefit of [said] the fair. | 0011| [D. Nothing in Article 19, Chapter 30 NMSA 1978 | 0012| shall be construed to apply to any lottery operated by an | 0013| organization exempt from the state income tax pursuant to | 0014| Subsection C of Section 7-2-4 NMSA 1978 and not subject to the | 0015| provisions of Subsection A of this section; provided that: | 0016| (1) no more than two lotteries shall be | 0017| operated in any year by such an organization; | 0018| (2) all the gross proceeds less the | 0019| reasonable cost of prizes of any lottery operated by such an | 0020| organization shall be expended in the state for the benefit of | 0021| the organization or public purposes; and | 0022| (3) no part of the proceeds of any lottery | 0023| shall go to any individual member or employee of any | 0024| organization except as payment for the purchase of prizes at no | 0025| more than the reasonable retail price.] | 0001| D. Nothing in Chapter 30, Article 19 NMSA 1978 | 0002| prohibits an organization that is exempt from state income tax | 0003| pursuant to Section 7-2-4 NMSA 1978 and in good standing as a | 0004| not-for-profit corporation as shown by the records of the state | 0005| corporation commission from conducting bingo games, raffles, | 0006| lotteries or table games, including poker, craps, blackjack, | 0007| roulette and the like, including any class III gaming as | 0008| defined in the Indian Gaming Regulatory Act, at a "casino | 0009| night" fundraising event if: | 0010| (1) the "casino night" fundraising event is | 0011| conducted no more than two times in a calendar year by the | 0012| qualifying organization; | 0013| (2) the only persons authorized to | 0014| participate in the operation or management of the "casino | 0015| night" fundraising event are: | 0016| (a) bona fide members of the qualifying | 0017| organization who are not paid for their services in the | 0018| operation or management of the event; or | 0019| (b) persons who provide goods or services | 0020| for the fundraising event for a flat fee or an hourly fee | 0021| pursuant to a written contract with the qualifying | 0022| organization; | 0023| (3) no person receives any part of the proceeds | 0024| of the "casino night" fundraising event except: | 0025| (a) as payment for prizes purchased at no | 0001| more than the reasonable retail prices for the prizes; or | 0002| (b) pursuant to a contract described in | 0003| Subparagraph (b) of Paragraph (2) of this subsection; | 0004| (4) the net proceeds of the "casino night" | 0005| fundraising event are expended in the state for the benefit of | 0006| the qualifying organization or purposes for which it was | 0007| formed; | 0008| (5) gross revenue, expenses, prizes paid and the | 0009| date, time and location of the "casino night" fundraising event | 0010| are reported to the alcohol and gaming division of the | 0011| regulation and licensing department within thirty days after | 0012| the event; | 0013| (6) the qualifying organization conducting the | 0014| "casino night" fundraising event maintains records for a period | 0015| of one year after the date of the event that accurately show | 0016| the gross revenue generated by the event, details of the | 0017| expenses of conducting the event and details of how the gross | 0018| revenue is used, and the qualifying organization makes the | 0019| records available for review by the director of the alcohol and | 0020| gaming division of the regulation and licensing department or | 0021| the attorney general, or both, at their request; | 0022| (7) no more than five electronic gambling | 0023| devices are operated during the "casino night" fundraising | 0024| event; | 0025| (8) no person younger than the age of twenty-one | 0001| is allowed to participate in the operation or management of the | 0002| "casino night" fundraising event or to play any game at the | 0003| event; and | 0004| (9) the "casino night" fundraising event is | 0005| conducted pursuant to regulations and a permit issued by the | 0006| alcohol and gaming division of the regulation and licensing | 0007| department. | 0008| E. Electronic gambling conducted pursuant to the | 0009| provisions of this section shall be conducted in accordance | 0010| with regulations adopted by the regulation and licensing | 0011| department. Those regulations may provide for minimum standards | 0012| for security, restrictions of amounts wagered, limits on | 0013| amounts paid by electronic gambling devices, recordkeeping by | 0014| the operator and sponsor of the gaming event and monitoring, | 0015| electronic or otherwise, of the electronic gambling conducted. | 0016| F. As used in Subsections D and E of this section: | 0017| (1) "electronic gambling device" means a gambling | 0018| device consisting of an electronic device that simulates the | 0019| play of any game of chance, uses microprocessors and that, by | 0020| chance or through some combination of chance and skill, the | 0021| device dispenses or the player may otherwise receive cash, | 0022| coins, tokens for free games or credits that can be redeemed | 0023| for cash, coins or tokens; and | 0024| (2) "electronic gambling" means the play of an | 0025| electronic gambling device. | 0001| G. The provisions of the Bingo and Raffle Act and | 0002| the New Mexico Lottery Act do not apply to the activities | 0003| described in Subsection D of this section." | 0004| Section 11. EMERGENCY.--It is necessary for the public | 0005| peace, health and safety that this act take effect immediately. | 0006|  |